The URL can be used to link to this page

AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April S, 200S March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon) D April 19,2005 Apri14,200S (Noon) D June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18,2005 (Noon) l8J July 5, 2005 June 20, 2005 (Noon) D May 17,2005 May 2, 2005 (Noon) D July 19, 200S July S, 2005 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing l8J Legal D Bids D Unfmished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the July 5, 2005 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved the subject request on June 21, 2005 under Public Hearing and Legal, Ordinance-First Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-081. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Stealth Towers in SMU (CDRV 05-008) Kim Glas-Castro, Ruden McClosky Compson & Associates of Boynton, LLC SMU Suburban Mixed-Use Zoning District (Citywide) Proposal to amend the Land Development Regulations, Chapter 2, Zoning, Section 6.H.3. and Chapter 10 (Telecommunication Towers and Antennas) to allow cell towers within the Suburban Mixed-Use zoning district as stealth facilities, integrated into the architecture of a mixed-use project. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: City Manager's Signature ~() -Z L , Planning and ~mkg Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-008 SMU Stealth Towers\Agenda Item Request Stealth Towers in SMU CDRV OS-008 2nd reading. 7 -S-05 .dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-081 TO: Chair and Members Planning and Development Board Eric Lee Johnson, AICP ~ Planner U Michael W. Rumpf Director of Planning and Zoning FROM: THROUGH: DATE: May 17, 2005 SUBJECT: CODE REVIEW CDRV 05-008 To allow stealth communication towers in the SMU, Suburban Mixed-Use zoning district NATURE OF REQUEST Ms. Kim Glas-Castro with Ruden McClosky, agent for the property owner, is requesting that the Land Development Regulations be amended to allow stealth telecommunication towers within the SMU, Suburban Mixed-Use zoning district. This request would amend Chapter 2, Zoning and Chapter 10, Telecommunication Towers and Antennas (see Exhibit "C"). It should be noted that the effects of the subject request, if approved, would only be applicable to properties zoned SMU, which are outside of the Community Redevelopment Agency boundaries. BACKGROUND According to Chapter 10, Section 3.A. of the Land Development Regulations, telecommunication towers are allowed as conditional uses in the (REe) Recreation, (PU) Public Usage, and (M-l) Industrial zoning districts. Also, they are currently allowed on properties zoned (PID) Planned Industrial Development, but owned by the City and only within a park use. Additional restrictions may apply to telecommunication facilities within each of the above-referenced zoning districts. The crux of this code review is the applicant's intent to construct a stealth telecommunication facility on top of a decorative clock tower within the final phase (Phase VI) of their project known as Renaissance Commons (COUS 04-008). The subject property was formerly the site for Motorola Incorporated. However, the property once owned by Motorola was ultimately acquired by the current owners who successfully rezoned the property from PID to (C-3) Community Commercial and then to SMU, to accommodate a large scale, mixed-use residential/commercial project. After the rezoning, the Motorola building was demolished and construction began on the townhouses and commercial buildings. The original Motorola tower, which is currently non-conforming under the SMU zoning district, still remains on the Renaissance Commons property. The property owners desire to move the existing tower from its current location and construct a new type of facility at a different, more desirable location on the subject property. However, they are prohibited from doing so because moving or replacing the tower would eliminate its legal non-conforming status. Page 2 CDRV 05-008 ANALYSIS As previously mentioned, the applicant is proposing to replace the existing tower, which is an SO-foot tall Monopole facility, with a decorative clock tower elsewhere on the Renaissance Commons property. The clock tower would be constructed within the sixth and final phase of the large scale, mixed-use project. According to the Land Development Regulations, stealth towers are currently defined (in Chapter 10) and are required to be architecturally compatible with existing buildings and / or structures on site. They shall be consistent with the character of existing uses on site. The accessory equipment associated with stealth facilities shall not be readily identifiable and in no case shall a stealth facility exceed 150 feet in height. The Land Development Regulations define a stealth facility as follows: "any telecommunications facility which is designed to blend into the surrounding environment and which is incorporated into and is compatible with uses otherwise permissible on site. Examples of stealth facilities include, but are not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and telecommunication and/or personal wireless services towers designed to look like light poles, power poles, clock towers or trees." It is important to note that the Land Development Regulations require a minimum separation distance of 250 feet between any telecommunication facility and the nearest residential district or residential portion of a Planned Unit Development (PUD). It further requires that towers be spaced a minimum of 750 feet apart. The applicant has informed staff that the proposed facility would comply with this basic requirement with the understanding that the nearest (exclusively) residentially-zoning district (i.e. Sky Lake zoned, R-1-A Single-family Residential) would be located over 900 feet away from the planned clock tower location. In fact, the previously approved master plan for Renaissance Commons (see Exhibit "D") identifies the anticipated location of the clock tower, which would agree with the applicanfs assertion. However, the applicant proposes a separation distance of 50 feet between a telecommunication facility and a residential component of the SMU district, exclusive of integrated mixed-use buildings. It is important to note that according to the Telecommunication Act of 1996, "no state or local government may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions". Since this is the case, the city's Land Development Regulations cannot mandate the distance separation (between the facility and residential uses) due to the perceived ill effects of the radio frequencies on neighboring residential properties. However, a distance separation standard has value in preventing a proliferation of towers, which may negatively impact the visual environment, and therefore should remain in the absence of pure stealth requirements. As for the SMU zoning district, where the stealth standard would apply to architectural compatibility, the more relevant issue regarding cell towers now becomes their proposed height to ensure compliance with FCC safety standards rather than their proposed distance from residential uses. The applicant states two (2) underlying reasons for this code review request (see Exhibit "B"). They are as follows: 1. The lack of available property that is properly zoned that would allow another telecommunication facility; and 2. The lack of available property located in proximity to the existing, non-conforming tower that Page 3 CDRV 05-008 contains no void in the radio-frequency coverage. The applicant is requesting this code amendment with the assumption that a new telecommunication facility would undergo exhaustive review during the time when a formal conditional use application is made and that said facility would comply with all applicable regulations. A conditional use is a use that would not be appropriate generally, without restriction, throughout a zoning classification or district. Such uses however, if controlled as to area, location, number, or relation to the neighborhood, would promote public appearance, comfort, convenience, general welfare, good order, health, morals, prosperity, and safety of the city. The standards for evaluating a conditional use include but are not limited to the following: Ingress / egress, off-street parking, refuse and service areas, utilities, screening and buffering, signs, setbacks and open spaces, general compatibility, height, and economic effect. Staff acknowledges that an unsightly, non-conforming telecommunication facility already exists within the SMU property and that its removal and replacement with a stealth facility, located within the clock tower, would only positively impact the subject property and outlying area. Finally, this code amendment affects only a limited number of properties, all of which, lie west of Interstate 95 and exclusively under the reviewing authority of the Planning and Development Board. RECOMMENDATION It is staff's opinion that the proposed amendments to the Land Development Regulations are the minimum necessary to achieve the desired results. This is due to the limited number of anticipated future telecommunication facilities needed within the SMU zoning district and outlying areas, coupled with the fact that a stealth facility, in this case, would be handsomely housed within the clock tower of the previously planned mixed-use community. Should other towers be sited at a later date upon any SMU designated lands, they too would be required to be of a "stealth" design, consistent with the design characteristics of surrounding uses. Therefore staff recommends approval of the proposed code review application. Community Redevelopment Agency review and approval is not required. Exhibits MR/elj S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 05-008 SMU Stealth Towers\Staff Report.doc Exh='1it 'A' - Location I\~ Jp 625 312.5 0 I 625 I 1,250 1.875 2,500 I Feet w.' . EXHIBIT "B" ,. Ruden ~IIMcClosky m IJ'~ ~,\~ L.....P_____.___,I Pl 'Ii ",:(, "'II 7i ,I':':' ' I ___ '-"".0_".., '_"_.____.~....... 1 222 LAKEVIEW AVENUE SUITE 800 WEST PALM BEACH, flORIDA 33401-6112 -'--.'--.- ~ '-"'---"" .-.... ..-'--..-...-...---..-. (561) 838-4542 FAX: (561) 514-3442 KIM, G LASCASTR O@RUDEN,COM February 9,2005 Telecommunication Tower Regulations Modifications Compson Associates of Boynton, LLC (the "Applicant") is requesting reVlSlons to Chapter 10, Telecommunication Towers and Antennas, and to Chapter 2, Zoning, of the City of Boynton Beach Land Development Regulations ("LDR") to allow stealth communication towers within the Suburban Mixed Use ("SMU") zoning district subject to conditional use approval and compliance with performance standards. A nonconforming tower exists on the Renaissance Commons SMU property. The Applicant desires to remove the tower, which is otherwise located in the middle of the new mixed-use community. The telecommunication providers ("Providers") utilizing the existing tower at Renaissance Commons have evaluated other sites to relocate their facilities, but the Providers are finding two problems: 1) lack of available property zoned with a district that allows communication towers and 2) lack of available property located in proximity to the existing, non-conforming tower so that no voids in system coverage are created. The nearest zoning district is Planned Industrial District (PID), in which towers are permissible, but a communication tower already exists on this property, and there is not sufficient room for co- location of the Providers' facilities on the existing tower. Property zoned Industrial (MI) is too far away from the current location to provide service coverage. Relocation of the existing Providers' facilities within Renaissance Commons is a viable solution to maintain and improve existing coverage. The Applicant's proposed LDR modifications require stealth technology to be employed within the SMU district, and require conditional use approval to ensure compatibility with the SMU uses and design standards. The requested revisions to Chapter 10 and Chapter 2 would facilitate the removal of an old-style, metal-framed communication tower from the middle of the Renaissance Commons project. A new stealth tower would be concealed as part of the clock tower feature in Phase VI of the development. This stealth tower will be requested in a subsequent conditional use/site plan petition. \ WPB:197496:1 CARACAS · fT, LAUDERDALE · MIAMI · NAPLES · ORLANDO · PORT ST. LUCIE' SARASOTA · ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSElL, P.A. EXHIBIT"C" ORDINANCE NO, AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, AMENDING CHAPTER 10, TELECOMMUNICATION TOWERS AND ANTENNAS, SECTION 3, FOR THE PURPOSE OF ESTABLISHING REGULATIONS FOR TIIE PROVISION OF STEAL TH F ACILITrnS WITIllN THE SUBURBAN MIXED USE ZONING DISTRICT, AND AMENDING CHAPTER 2, ZONING, SECTION 6, SUBSECTION "G", SUBURBAN MIXED USE ZONING DISTRICT, FOR THE PURPOSE OF PERMITTING TELECOMMUNICATION TOWERS AND ANTENNAS SUBJECT TO CRITIERA; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE, WHEREAS, the proposed revisions to the Telecommunication Towers and Antennas provisions and the Suburban Mixed Use zoning district of the City of Boynton Beach Code of Ordinances are amendments to the Land Development Regulations requested by Compson Associates; and WHEREAS, the City Commission deems the adoption of this Ordinance to be in the best interests of the citizens and residents of the City of Boynton Beach, Florida; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, T~T: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 10, Telecommunication Towers and Antennas, Section 3, Subsection A is hereby amended by adding a new paragraph "5" as follows: 5. Suburban Mixed Use (SMU) zoning district. Any communication tower in the SMU EXHIBIT C district shall be a stealth f ity that is designed consistent with tk architecture and theme of the SMU district. Stealth facilities contained within structural or architectural features, such as clock . . r<~:"""'-'_. .............. ------ napfer 1 0 shall considered within the SMU design standards, govern said tower or antenna. Section 3, That Chapter 10, Telecommunication Towers and Antennas, Section 3, Subsection C.3.c. is hereby amended by adding a new provision as follows: c. Monopole, lattice or guyed telecommunication towers shall not be permitted within two hundred and fifty (250) feet of any residential district or residential portion of a PUD, In a SMU district. a communication tower shall not be permitted within two hundred fifty feet (250') of any adiacent residential zoning district or within fifty feet (50') of a residential component of the /' SMU district, exclusive of integrated mixed-use buildings, Section 4, That Chapter 10, Telecommunication Towers and Antennas, Section 3, Subsection C.7.a. is hereby amended by adding a new provision as follows: 7. Buffering a. An eight (8) foot fence or wall constructed in accordance with the Land Development Regulations, as measured from the finished grade of the site, shall be required around the base of each communication tower, tower service facilities, and each guy anchor, Access to the communication tower and its facilities shall be through a locked gate, The requirement for an eight foot (8 ') fence shall not be applicable if: 1) said communication tower is a stealth facility integrated into the architecture or structural composition of a building, such as a clock tower located within a SMU district: and 2) access to any equipment or electrical power source i~gated and locked for public safety. EXHIBIT C Section 5, That Chapter 2, Zoning, Section 6, "G", Table 6G-1, is hereby amended by adding the words as follows: TABLE 6G-1 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES USE GROUPIUSE SMU ZONE Residential or Lod2in2 Use Group Bed and Breakfast C Hotel C Home Occupation p Mobile Home N Motel N Residential, Single Family Detached p Residential, Single Family Attached p Residential, Multi-Family p Temporary Sales Office p Temporary Model Residences P Live/Work Units p8 Boarding and Rooming House (except where provided by state law) N Accessory Unit P Communication Tower or Antenna C'J Government Office/Civic CenterfLibrary P Recreation (outdoor) C Museum P House of Worship pi Police or Fire-Rescue Station P Postal Center (retail sales only) p2- Post Office p Public Park P Public Parking Lot or Garage P REMAINDER OF TABLE UNCHANGED Section 6, Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 7. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this' linance are hereby repealed, Section 8. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance, Section 9, Authority is hereby given to codify this Ordinance Section 10, This Ordinance shall become effective immediately, EXH IBIT C FIRST READING THIS day of , 20_ SECOND, FINAL READING AND PASSAGE this _ day of 20 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk _.._.~.-.'.__..------ ____ __ _ _ _. -._m._ EXH~BIT 0 - '\ .--- . - -:::- 1---:,;----- ------ -..--- - ----- Tl I \i~;J:II\. :"1 ., 1':;111 -'ll~~ ~ ',' ,I ! ;' J ,~.:ol_ ~_-~_ '.~ ,-~ I } ~__.~'-_L::~ -~--, !', ":;'1' 1 / dl J';, ~, ~! I <' ~ ~ I I J ,fIg ~ ,,~ ~ y ru l~- " - :1-; , ~ ! 1M I Ie , ., , CC '. l- - -'t:~8i )1, ': " / ' "i:' ,I, / ,-'- .-'- I (, .- c:- ,r= '0-111- it I i /- ,Iti;","' I ,I : ~_ ___ I :== 11= ~-- --~j= F:f~ ,I , r ' tiff;:' ,1, 1- "3-' I,.." "" t;:;", . .=' i I ! -/tU II' II r I, = -- .-.:., - Ii I ,!/~~~)j,h~;T: .. ~I;JI'~; ~I'.;,IIII,I W:~]~\~'I--~ - 9 '- j,{iuJj!111 ! ~ {/t~!1,!H.'M~hb' . .m ~ - - 11" 1::- I 1/J'I1f~:-,v~!~~_liF' 1= -: --:~.ml'~-l~lll II~ 1R'1:r_=~~~:eJ-'Ji ~- ': 'II } , r ' -~7! Ulllt'- I II ,I I, ' ,/ r.i~ < ilk / :l/Jpn: [, --.';,' I ::~ ~l _ ,,~ ' n "" ~ nt~ ~ ' t". _ -\~--"t.l.- ~ ~ . ---j , 1Lllilill1LLi~ _ "', '''Jl _ - _ I L ;L +~ 'ill '. ' ~ . '-'., ' I 1/ /l ' JI II I .. - . -. -< ~i~ / tYi! (j~ II' '>JIIN1M=r=r=~1Ii7~~~11 ~," '" _,.,-- ,-:",,-- "~' ,~,.,' ,~i 11<...(/.// I II! ~~~~~l'.I. I" ,il ~i;~....: ~DI~E--~t.mtf~ ~ I' '.1 ! '/1// ),- lI1 ~- T~:I'I , !c~n(g" .. ,ie l#I1 _ ~' ~--: ~ , I,,, t,... -! 1LJ~. J! - 2 i ( I.ti/I '1 I "~ ~WM."! II : 14' .... .,=' . ]lSJ='.II.~. . '~ = -.'. i II!/:I II 1/1 tI 1'-4> ,'~~ (~"ili ~ . ~ ~ _ ,i II .', - I~IF ~ 11'=--=1 Ip' ..' I \l \~.\\ i );' /111'/1 l,il -'. ,)i'- H;B. .,^ I I' '~-' c" , 1+. Ii .1..;1 i I ,,_ .,:-..... ;,:~_"1..J...O. "J' // I ~ I ','III ~ ,: ii, I \t /, \ \ \ ,.r . '.:\1'.::',' I __.:'-.' I ' , t ~ - < i l ! I t , ^ 1;--~._.r-- --"- Ii: \),i:_-2:~ 1 ~~f.:.~1 ((II 'i f ~-- . ... ",',s:-~'iWAmml,/'~~ ~ I' JLI II. \.t.L~.J\ ~tiJ1:J! i! [I ~~._" 'tr.. ..'-~ ~{/~ ~l !t I to ~iJJ:j/; !I! ~I=. \~\ \!I;~~.>~~illlllll I~t~]rij jl=~~ . ~c~ ~ ,II ~rJ II~ \1 \ t~gn -. L ~I' , ~lfu J. ~"I';- - ~ 'I ~./ 'I \ \~\. h.,:t~i:.~. 116.> =, . :....-~III,ll j J11~;___ .~: ( ,~ " ,: 'i f-J"(1 J I; , 1 \!/\---~~~ ~~, -->-i 3 " -- ~-~ ~'IL..-;; I I' . ~-~'i :~, <:",--=-, I ~ "'""'1 . - ~, I i II 1\\ '-';0 '_' ~ I ~ '" illill~ ~ -- ' ~ \j ~~~~]]II[WI!I ~'::~'~~IC~ It .t~'.<]. J.J. ~ - 1111 '~I I I. ~'. ... III' r."r:- r-- J.,.---,,- " '" ~~ '~ I I Ii l: ."..~ , mT i!'";~= '-' 0 '--"'- ,"::'...,.' ":~ ~ \ :I.\f\. I \ ' .11111 11111". ~'-" 'O.----c=? _ . \ II !\\" ,I 1 - - ,.. E ~ I I II II = JII 1 j' c i \ II II ,. I 1 I I Ii, Ii "'. J'I I -', " " l<-,--, J 'I' U \ "Ill _ ~ - ~ I 1)1 \ I~"~ ~.J" t ~ In ~,)~I i~ -\-----. _.__ ~ . '-_ .._.~.n-,,_~ , \ 1 , , I , I , , : ~~ rll 1\J 1] r ~~ ~~ g~ ~ '@ I <=A ~~~~~~ ... b.... 8::: hll. , '--------- 1~5;j....~~JI' .. ~7"1 ~. H , II II !,-.:..'!\I 11.1 - ': li>..l,J fl I! lii.-' !, ~ 1111" - , I ~ I "I' ,; j r Ii, ~:r=a l,: j'll;J " ~ IIjlllll! Iii ml!lllijll,',ill'11111,'1 ~; I,'WI' I ~ lil!I'I! Iii II , l:....iJL1l III IHiiil~iil!ii;:Ij! 41' lllP1l11lijJI! I I '! II lib' 111"I!:'lid II III iii, I!; I;/i 1;1111;1: I ! 1!!l.l'II'III/Ii!!' ".1 ! '111I!'111 illl III II !III: illllll ! III ! I,' III ' ""1'llWlI1j'lll Il!ljl!lljl III ~Ill' IlI'II,'11 c=, -, . "1 'I' r;::; 1.llnl'j,i'llll" ~~ '''~ 'i'll 11 /l!I'~ l - I '.lljll!l!iiilil'lIlfl! II 11 !lllll! II ',I Lltl '1111 11I1!!'i!III' III I ! jAlll !II'! !ii'll:ip Ii !jll' 'I 11lI1I! iill I, MOURIZ SALAZAR ARCHITECTS & PLANNERS W()lJfI1/$.IUJ....... l$SClCl.\tn,!He. S~ ~~"'I;';3~::" 1fllln RENAISSA.NCE COMMONS PHASE VI (SO'I U~~"" " ,_m BOYNTON BEACH, FLORIDA COIl1pllOO As.o<i'I"~fBoynton II, L,L.C ~:::~ :~~.~it? r/;::<~,n:.;., l.~.;iif\,~ ..:. ~~~.. "', .:"..~~,.:::'~:.'.';;... ,t~\ .:.t'~., .;~:_ t.'.~:.'?' .'~~.~! "',~;'''':.' ~',~~...~;. ,~: ';''''_~~'l~':.'_ - --l I II CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting: Dates Date Final Form Must be Turned in to City Clerk's Office Requested C Meet R-,,{:cf~ ~j IEj "" ( G lieS . be Turned Office D April 5, 2005 D April 19,2005 D May 3, 2005 D May 17,2005 March 14, 2005 (Noon.) D June 7, 2005 [gI June 2 I, 200~ D July 5, 2005 D July 19, 2005 June 20, 2005 (Noon) April 4, 2005 (Noon) April 18,2005 (Noon) May 2, 2005 (Noon) July 5, 2005 (Noon) NATURE OF AGENDA ITEM D Administrative D Consent Agenda [gI Public Hearing D Bids D Announcement D City Manager's Report D Development Plans D New Business [gI Legal D Unfmished Business D Presentation RECOMMENDATION: Please place this request on the June 21, 2005 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board recommended that the subject request be approved on May 24,2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-081. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Stealth Towers in SMU (CDRV 05-008) Kim Glas-Castro, Ruden McClosky Compson & Associates of Boynton, LLC SMU Suburban Mixed-Use Zoning District (Citywide) Proposal to amend the Land Development Regulations, Chapter 2, Zoning, Section 6.H.3. and Chapter 10 (Telecommunication Towers and Antennas) to allow cell towers within the Suburban Mixed-Use zoning district as stealth facilities, integrated into the architecture of a mixed-use project. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: City Manager's Signature b-/(J(~/ P anning and Zo rrector CIty Attorney / FInance / Human Resources S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-008 SMU Stealth Towers\Agenda Item Request Stealth Towers in SMU CDRV 05- oo8.6-21-OS.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-081 TO: FROM: Chair and Members Planning and Development Board Eric Lee Johnson, AICP ~ Planner U Michael W. Rumpf Director of Planning and Zoning THROUGH: DATE: May 17, 2005 SUBJECT: CODE REVIEW CDRV 05-008 To allow stealth communication towers in the SMUt Suburban Mixed-Use zoning district NATURE OF REQUEST Ms. Kim Glas-Castro with Ruden McClosky, agent for the property owner, is requesting that the Land Development Regulations be amended to allow stealth telecommunication towers within the SMUt Suburban Mixed-Use zoning district. This request would amend Chapter 2, Zoning and Chapter 10, Telecommunication Towers and Antennas (see Exhibit "C"). It should be noted that the effects of the subject request, if approved, would only be applicable to properties zoned SMU, which are outside of the Community Redevelopment Agency boundaries. BACKGROUND According to Chapter 10, Section 3.A. of the Land Development Regulations, telecommunication towers are allowed as conditional uses in the (REe) Recreation, (PU) Public Usage, and (M-l) Industrial zoning districts. Also, they are currently allowed on properties zoned (PID) Planned Industrial Development, but owned by the City and only within a park use. Additional restrictions may apply to telecommunication facilities within each of the above-referenced zoning districts. The crux of this code review is the applicant's intent to construct a stealth telecommunication facility on top of a decorative clock tower within the final phase (Phase VI) of their project known as Renaissance Commons (COUS 04-008). The subject property was formerly the site for Motorola Incorporated. However, the property once owned by Motorola was ultimately acquired by the current owners who successfully rezoned the property from PID to (C-3) Community Commercial and then to SMU, to accommodate a large scale, mixed-use residential/commercial project. After the rezoning, the Motorola building was demolished and construction began on the townhouses and commercial buildings. The original Motorola tower, which is currently non-conforming under the SMU zoning district, still remains on the Renaissance Commons property. The property owners desire to move the existing tower from its current location and construct a new type of facility at a different, more desirable location on the subject property. However, they are prohibited from doing so because moving or replacing the tower would eliminate its legal non-conforming status. Page 2 CDRV 05-008 ANALYSIS As previously mentioned, the applicant is proposing to replace the existing tower, which is an BO-foot tall Monopole facility, with a decorative clock tower elsewhere on the Renaissance Commons property. The clock tower would be constructed within the sixth and final phase of the large scale, mixed-use project. According to the Land Development Regulations, stealth towers are currently defined (in Chapter 10) and are required to be architecturally compatible with existing buildings and / or structures on site. They shall be consistent with the character of existing uses on site. The accessory equipment associated with stealth facilities shall not be readily identifiable and in no case shall a stealth facility exceed 150 feet in height. The Land Development Regulations define a stealth facility as follows: "any telecommunications facility which is designed to blend into the surrounding environment and which is incorporated into and is compatible with uses otherwise permissible on site. Examples of stealth facilities include, but are not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and telecommunication and/or personal wireless services towers designed to look like light poles, power poles, clock towers or trees." It is important to note that the Land Development Regulations require a minimum separation distance of 250 feet between any telecommunication facility and the nearest residential district or residential portion of a Planned Unit Development (PUD). It further requires that towers be spaced a minimum of 750 feet apart. The applicant has informed staff that the proposed facility would comply with this basic requirement with the understanding that the nearest (exclusively) residentially-zoning district (i.e. Sky Lake zoned, R-1-A Single-family Residential) would be located over 900 feet away from the planned clock tower location. In fact, the previously approved master plan for Renaissance Commons (see Exhibit "D") identifies the anticipated location of the clock tower, which would agree with the applicant's assertion. However, the applicant proposes a separation distance of 50 feet between a telecommunication facility and a residential component of the SMU district, exclusive of integrated mixed-use buildings. It is important to note that according to the Telecommunication Act of 1996, "no state or local government may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions". Since this is the case, the city's Land Development Regulations cannot mandate the distance separation (between the facility and residential uses) due to the perceived ill effects of the radio frequencies on neighboring residential properties. However, a distance separation standard has value in preventing a proliferation of towers, which may negatively impact the visual environment, and therefore should remain in the absence of pure stealth requirements. As for the SMU zoning district, where the stealth standard would apply to architectural compatibility, the more relevant issue regarding cell towers now becomes their proposed height to ensure compliance with FCC safety standards rather than their proposed distance from residential uses. The applicant states two (2) underlying reasons for this code review request (see Exhibit "8"). They are as follows: 1. The lack of available property that is properly zoned that would allow another telecommunication facility; and 2. The lack of available property located in proximity to the existing, non-conforming tower that Page 3 CDRV 05-008 contains no void in the radio-frequency coverage. The applicant is requesting this code amendment with the assumption that a new telecommunication facility would undergo exhaustive review during the time when a formal conditional use application is made and that said facility would comply with all applicable regulations. A conditional use is a use that would not be appropriate generally, without restriction, throughout a zoning classification or district. Such uses however, if controlled as to area, location, number, or relation to the neighborhood, would promote public appearance, comfort, convenience, general welfare, good order, health, morals, prosperity, and safety of the city. The standards for evaluating a conditional use include but are not limited to the following: Ingress j egress, off-street parking, refuse and service areas, utilities, screening and buffering, signs, setbacks and open spaces, general compatibility, height, and economic effect. Staff acknowledges that an unsightly, non-conforming telecommunication facility already exists within the SMU property and that its removal and replacement with a stealth facility, located within the clock tower, would only positively impact the subject property and outlying area. Finally, this code amendment affects only a limited number of properties, all of which, lie west of Interstate 95 and exclusively under the reviewing authority of the Planning and Development Board. RECOMMENDATION It is staff's opinion that the proposed amendments to the Land Development Regulations are the minimum necessary to achieve the desired results. This is due to the limited number of anticipated future telecommunication facilities needed within the SMU zoning district and outlying areas, coupled with the fact that a stealth facility, in this case, would be handsomely housed within the clock tower of the previously planned mixed-use community. Should other towers be sited at a later date upon any SMU designated lands, they too would be required to be of a "stealth" design, consistent with the design characteristics of surrounding uses. Therefore staff recommends approval of the proposed code review application. Community Redevelopment Agency review and approval is not required. Exhibits MRjelj S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 05-008 SMU Stealth Towers\Staff Report.doc Exh'Jit 'A' - Location ~dp 625 312.5 0 I 625 1,250 1,875 2,500 'Feet ..' . EXHIBIT "B" ~. Ruden ~II McClosky W(;~ ~;!2~ I L.-,.. __'__"'" ._~.,l PI ' "'.' I ~:(, > '.' I"j 7(~,!'JI!"~.,.'~m" ..1_____,_.,~~_ j 222 LAKEVIEW AVENUE SUITE 800 WEST PALM BEACH, flORIDA 33401-6112 (561) 838-4542 FAX: (561) 514-3442 KIM,GLASCASTRO@RUDEN,COM February 9, 2005 Telecommunication Tower Regulations Modifications Compson Associates of Boynton, LLC (the "Applicant") is requesting reVISIOns to Chapter 10, Telecommunication Towers and Antennas, and to Chapter 2, Zoning, of the City of Boynton Beach Land Development Regulations ("LDR") to allow stealth communication towers within the Suburban Mixed Use ("SMU") zoning district subject to conditional use approval and compliance with performance standards. A nonconforming tower exists on the Renaissance Commons SMU property. The Applicant desires to remove the tower, which is otherwise located in the middle of the new mixed-use community. The telecommunication providers ("Providers") utilizing the existing tower at Renaissance Commons have evaluated other sites to relocate their facilities, but the Providers are finding two problems: 1) lack of available property zoned with a district that allows communication towers and 2) lack of available property located in proximity to the existing, non-conforming tower so that no voids in system coverage are created. The nearest zoning district is Planned Industrial District (PID), in which towers are permissible, but a communication tower already exists on this property, and there is not sufficient room for co- location of the Providers' facilities on the existing tower. Property zoned Industrial (MI) is too far away from the current location to provide service coverage. Relocation of the existing Providers' facilities within Renaissance Commons is a viable solution to maintain and improve existing coverage. The Applicant's proposed LDR modifications require stealth technology to be employed within the SMU district, and require conditional use approval to ensure compatibility with the SMU uses and design standards. The requested revisions to Chapter 10 and Chapter 2 would facilitate the removal of an old-style, metal-framed communication tower from the middle of the Renaissance Commons project. A new stealth tower would be concealed as part of the clock tower feature in Phase VI of the development. This stealth tower will be requested in a subsequent conditional use/site plan petition. \. . WPB:197496:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS' FT. LAUDERDALE . MIAMI' NAPLES' ORLANDO' PORT ST. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH EXHIBIT "e" ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, AMENDING CHAPTER 10, TELECOMMUNICATION TOWERS AND ANTENNAS, SECTION 3, FOR THE PURPOSE OF EST ABLISffiNG REGULATIONS FOR THE PROVISION OF STEALTII FACILITIES WITHIN THE SUBURBAN MIXED USE ZONING DISTRICT, AND AMENDING CHAPTER 2, ZONING, SECTION 6, SUBSECTION "G", SUBURBAN MIXED USE ZONING DISTRICT, FOR THE PURPOSE OF PERMITTING TELECOMMUNICATION TOWERS AND ANTENNAS SUBJECT TO CRITIERA; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the proposed revisions to the Telecommunication Towers and Antennas provisions and the Suburban Mixed Use zoning district of the City of Boynton Beach Code of Ordinances are amendments to the Land Development Regulations requested by Compson Associates; and WHEREAS, the City Commission deems the adoption of this Ordinance to be in the best interests of the citizens and residents of the City of Boynton Beach, Florida; NOW TIIEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, T~T: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 10, Telecommunication Towers and Antennas, Section 3, Subsection A is hereby amended by adding a new paragraph "5" as follows: 5. Suburban Mixed Use (SMU) zoning district. Any communication tower in the SMU EXHIBIT C district shall be a stealth f..,ity that is designed consistent with th\. architecture and theme of the SMU district. Stealth facilities contained within structural or architectural features. such as clock rOCC "".:C- considered within the SMU design standards. The development standards 0 hapter 10 shall govern said tower or antenna, Section 3. That Chapter 10, Telecommunication Towers and Antennas, Section 3, Subsection C.3.c. is hereby amended by adding a new provision as follows: c. Monopole, lattice or guyed telecommunication towers shall not be permitted within two hundred and fifty (250) feet of any residential district or residential portion of a PUD. In a SMU district. a communication tower shall not be permitted within two hundred fifty feet (250') of any adiacent residential zoning district or within fifty feet (50') of a residential component of the /' SMU district. exclusive of integrated mixed-use buildings. Section 4. That Chapter 10, Telecommunication Towers and Antennas, Section 3, Subsection C.7.a. is hereby amended by adding a new provision as follows: 7. Buffering a. An eight (8) foot fence or wall constructed in accordance with the Land Development Regulations, as measured from the finished grade of the site, shall be required around the base of each communication tower, tower service facilities, and each guy anchor. Access to the communication tower and its facilities shall be through a locked gate, The requirement for an eight foot (8') fence shall not be applicable if: 1) said communication tower is a stealth facility integrated into the architecture or structural composition of a building. such as a clock tower located within a SMU district: and 2) access to any equipment or electrical power source i~gated and locked for public safety. EXHIBIT C Section 5. That Chapter 2, Zoning, Section 6. "G", Table 6G-1, is hereby amended by adding the words as follows: TABLE 6G-1 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES USE GROUPIUSE SMU ZONE Residential or Lodsdn2 Use Group Bed and Breakfast C Hotel C Home Occupation P Mobile Home N Motel N Residential, Single Family Detached P Residential, Single Family Attached P Residential, Multi-Family P Temporary Sales Office P Temporary Model Residences P Live/Work Units p8 Boarding and Rooming House (except where provided by state law) N J\ccessoryUnit P Communication Tower or Antenna C~ Government Office/Civic CenterfLibrarv P Recreation (outdoor) C Museum P House of Worship pI Police or Fire-Rescue Station P Postal Center (retail sales only) p2 Post Office P Public Park P Public Parking Lot or Garage P REMAINDER OF TABLE UNCHANGED Restriction Notes: 9 Stealth facilities only, intemrted into the architecture and/or structural comoosition of the proiect; and subiect to compliance with develovment standards and regulations (setbacks, height.. buffering. etc.) of Chapter 10. Section 6. Each and every other provision of the Land Development Regulations not herein specifically atpended, shall remain in full force and effect as originally adopted. Section 7. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of thi~ jinance are hereby repealed. Section 8. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance, Section 9. Authority is hereby given to codify this Ordinance, Section 10. This Ordinance shall become effective immediately. EXHIBIT C FIRST READING TillS day of . 20 SECOND, FINAL READING AND PASSAGE this _ day of 20 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk --~- _, ~__,~ ~m EXHmlT 0 '\ _ --,.- ._no~:::;, 1___:" - -'" --- - '-- - .- - -.'. ~ I _._.__ --- (I f:-:::.....-::;;;:;-~~,~"~J;-:t-' ;';;:-,':':- ~,:"-1'~, : ~. '.,,.',, -, =- -, ~~ -,,' '~-,' I: \ \ .' =Ill' t 1:---= ,~f ! = U \e;;):\ ,=111:' 'I~'~' II~-~ ..,-W- ';1' -II 1...1 ,',' ,I "L. ~ '1 I' ;'! ,:. 'fT --.---::-,-c-- i"~'~ II ^9t:[~-=- --:,~~ 'I ,~ " : I i- ".hgl 171=ll!' ~,-~~ '\IIm!f'" , hi Wi~ t '.. .'.. I: ~ . ~ ii' (,)1fL 11l1.:~-.i rill f ~"r " " 'if!/" -:- --;-' = ~r.JIJ l ' .'" c. II! r f~ ~ I -~.~~ ~ ~\, , , ! . 'rifl'lll'. . I~i: I" :-:' li=l '. - ~:o I' ~ijL Jz rtl-ll.II.I.' illmm I Irp=... C -' .111 ,l.i'" I ~(I ,,=', _ _~" I/---. ,I....J;i/II'r 1- I ~! '::::::r------r- ----.-------- ~ ________- p -!'7A !j q I; I ~ ::-- ! 'f ~'1: ,-1)/ ~"il~,l-:-:= : :'1 ~ =-' ':Ii I' "I, , A~" ,ft. i"oil! ml1lJ JI, l= r~' ,I',~ - - I Iii ~~ " I Lr-: ,I:' ~-~l~ ~~ - " I f''''' 1/' I( ~ ~ --+---=--- '- " ~'i! 1-4"'*=1 Ii "~lu~im;II"1.! li;'':'~I' I~" "' ~~..n~;II' ~~'- .-,' ,-: ,';,,/' IIF---~U~I t" I l'.1r '~:(p- r H{-= - I ,~!!,! III ~ ..:;~,JI _~ ......~, ~ J~l If" 1\\/1; ~ Il~-~ ';;~I!I I' -, '. II - I'i I' '1 I ~ "- -= ' It' ~ 'r- - I 11'1 l-j!/111 , Ii:-i~ :::'S~- ~ I, ~ - ~!, '; \, , I i-I,-=-r"F' : , ~ ! \i""~' - I ~\j I ,/ ,,'1 ~lfI~I'1 - 'il,!lf""=-" ,), G'! 00" ' - ! \' I-~'- C I: 'I t- 'T/,' , II~ I" ',' / 1!' / I J. - "II' ""'/', 1 ~\'\\\ II). ,...",' ....--"t< I _~r;:-~!A ~u ~ ,,1 It Il, ,\ ~ " ,_ I~C:.::: ~ ;~"! .. ~"':"~;-~.' ' =~ - , ~'\;' , ~'I--" I, I I I ,- '81 -' - - ~'~-"",,/ 0: 1" ", ij- f-- ---:. IE; , 'I \i\;~0[.iJ~IV':;~:/ @ o=~:!I.~ \ '=fl: 11:' Ii \ r-~~ "\ r8:J ~ ,<~ T ~:" , ~ I d I ':,il'\_~:', ~~IBr'~' ~l,! 11,[f ii .. - ~~ J'" ..2r\~~/'~'~.'= :] jL1/i!J " l 'J;'\ 1 I f"il"'mJ J ' II , \r~~~ I ~~"i' ~sr I '.r=L'i i'f~1 . \ \\'~~~Ii3lr~ ~tfu]ll.I'llll 'Il ~~";j ::Zc~~ ! I'~ ,. .r. -.' ':jll!~ ,,;i~:::.;>c~\ . - I 1 \ - JI-- : ( ,~":, : "\/{I-'t" ~ ,,= .~L,~ ',.-'e11 '~. ._' I t::-' . c,.. \_ \1~~~I[~i~1 :, J~r T l-g~. *~ \.-<= ' "H-h- l-H1 ~~ C = I ~ =' " ~~ '--'l , I :' 1~ .11/11 IIIII~~~ ;~ :: '------ 'F 0- W \ 1\\ :' J II ,I : : . I~~: II: ~ - f' I. " .- ,I .~~ ~I ====- _ _)1.1 III ~ ~ ~ ,n ~:... ~ l~ ------~-- , I : I : ~e m )\) 1] r l> ~z ~~ 8~ ~ '@ o "'" I i "Il" 1~~JI. ~~-l i~J Iii\" h:.r~11I !Il ~ I! Iii," !, ~ jl 'I ~ ~ . dill I" II 1 .:> , ~ !l~ li~ : Llill11d I ~ 11':111'1 I I! Iii 11'1!II!ijll'I',11I,'ll/,'1 I': ~IW Ii i! f, liN I! ill II lliIHiiiliij!!ij;:;j! U "II!' I! ! lill!!! I )1 II! I! 1 !l 'I!!~ ii, !iI 'il II &! ii I I:; I; I; i; IPI; I: jJ,llllJll 1[1!i!!l,'I'I',!l! "llhli'I' I l,iIPI'.II.! lilli' : l~ I!li illll!l II' ~I!lllll ! I!, l!! ' "":"':WHl", II' 1!1!IIII!jlu!:~ ~Ill~ !~lfli~i11 c=. - 1,ljjil'II'!~nh. !"f ~ 'l'il!:!,/III,M - I ',I!II'I!!I.lll'IIIP, II 1!llill! Ili',hP!i i~' ! Ill!!! 1.!I,I!I'i!hl,'ljlll I il!!llll ll~ I I"II'~ Ii Ii I ' '(iilll'ii,lll! I I' ,., c.I"I' '. 0 A~~~ii;' t ~i"~r . ! ill ~ nh ~, Compson Associates of Boynton [I, L.L.C. ~:c;::~~~,.f:.:,f;~:,~:.?-,~, $o~~.~;;~~ ,~.'!.'.l~~" "', ":","~"~:'~:.';;;," ,~,:~''':.~'~. .~~':.:_~~'.~:'.',~' '~~,I":;~/:;--.'~,' ,.:,~~"~;.,;:':;"," ~~'l~.'.'_ -. MOURIZ SALAZAR ARCHITECTS & PLANNERS WOIJRIZ/s.o.v.zM: ... ~S$ClCU.t[S, INC. ::::+nr~~,;':::' .me RENAISSANCE COMMONS PHASE VI (30~) ~n_"" " ,_.. BOYNTON BEACH. FLORIDA Meeting Minutes Planning and Development Board Boynton Beach, Florida B. Code Review 1. Project: Agent: Owner: Location: Description: May 24, 2005 Stealth Towers in SMU (CDRV 05-008) Kim Glas-Castro, Ruden McClosky Compson & Associates of Boynton, LLC SMU Suburban Mixed-Use Zoning District (Citywide) Proposal to amend the Land Development Regulations, Chapter 2, Zoning, Section 6.H.3 and Chapter 10 (Telecommunication Towers and Antennas) to allow cell towers within the Suburban Mixed-Use zoning district as stealth facilities, integrated into the architecture of a mixed-use project. Carl Clepper, Vice President of Compson Associates, 980 N. Federal Hwy, Suite 200,Boca Raton, FL, assumed the podium. Chair Wische pointed out staff recommended approval, and there were no staff comments. Chairman Wische opened the public hearing. Bob Brown, 800 NE 7th Street, assumed the podium. Assistant City Attorney Tolces swore in Mr. Brown. Mr. Brown complimented the idea of incorporating the towers within the Mixed Use zoning, however, he noted there were lots of towers going up and felt they were eyesores, but understood they were necessary. He said he heard of thirty or forty different wavelengths that could be used with each of the towers, and felt the applicants or owners of the towers were probably making a substantial amount of money. He was concerned in certain cases where an owner would have to apply for a variance or conditional use to build a home, a lot of the towers may be going on small parcels, and given special provisions that would not be advanced to a single-family or multi- family home residence that would abide on the same parcel. Since the heights are changing drastically in the City from 25 feet to 35 feet for single-family homes, he would like to see Planning & Zoning consider a sunset of 30-40 years, and if at that time they decide it is not conducive for the growth of Boynton Beach in the year 2045, they could re-address the issue. Chair Wische noted what Mr. Brown discussed was not on the agenda. The Stealth Tower is well concealed and therefore you would not see it. The nearest residential property is 900 feet away from it. 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 24, 2005 Mr. Brown stated in the last 10-15 years in Dade and Broward counties, the residents were concerned about the electro-magnetic rays or radiation that come off of towers. He stated he was thinking about the future, and hoped the Commission may want to re-visit the issue in the future. Chair Wische thanked Mr. Brown for his comments, and asked if there was anyone else in the public audience who wished to address the item. There being no one else, the public hearing was closed. Ms. Jaskiewicz stated she had no problem with the tower, because it was replacing an unsightly one with something that would be esthetically pleasing. She asked if it would be necessary to approve the project subject to a blanket approval of Telecommunication Towers in the Suburban Mixed-Use district. Eric Johnson, Planner, noted in order to remove the non-conforming tower from its current location, you would have to apply it to the entire Suburban Mixed-Use zoning district. These would be to allow it as a conditional use within that zoning district, and has nothing to do with the other Mixed-Use zoning districts. Ms. Jaskiewicz asked if it was just applicable the particular Suburban Mixed Use or to Federal Highway also. Mr. Johnson stated Federal Highway had other Mixed-Use zoning districts that could be applied to it, mainly the Mixed-Use High and the Mixed-Use Low. Motion Vice Chair Hay moved to approve the proposal to amend the Land Development Regulations, Chapter 2, Zoning, Section 6.H.3 and Chapter 10 (Telecommunication Towers and Antennas) to allow cell towers within the Suburban Mixed-Use zoning district as stealth facilities, integrated into the architecture of a mixed-use project. Motion seconded by Ms. Jaskiewicz and carried 6-0. B. Conditional Use 1. Project: Agent: Owner: Location: Description: Grove Plaza Parcel D (COUS 05-006) Lution Hill, KMA Investment Properties KMA Investment Properties 3920 HYPoluxo Road Request for Conditional Use approval to convert approximately 3,500 square feet of an 11,973 square foot retail building in a C-3 5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D AprilS, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon) D April 19,2005 April 4,2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) [gJ May 17, 2005 May 2, 2005 (Noon) D July 19,2005 July 5,2005 (Noon) D Administrative D Development Plans NATURE OF [gJ Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the May 17, 2005 City Commission meeting agenda under Consent, for preliminary consideration of a request for code review. Staff recommends that the continued processing of this item be approved, based on the limited districts within which towers are allowed, and on the preliminary fmdings of need in the subject geographic areas. This consideration is also necessary to recognize a pre-existing, non-conforming tower that must be relocated in conjunction with the redevelopment of the Motorola site for the Renaissance Commons Suburban Mixed-use projects. This item is being forwarded to the Commission for preliminary review, and for direction relative to its continued processing. For further infonnation on this request, see attached letter from the applicant and proposed text, code excerpts and infonnation on service needs. Staffhas not completed its review, but anticipates supporting this item given the limited zoning districts within which towers are allowed; however, only if confirmed that a need exists within the geographic area of the SMU districts, if collocation can be maximized on any proposed towers, and if applicable standards can maintain compatibility with residential units and preserve the integrity of a SMU master plan. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: SMU Stealth Towers (CDRV 05-008) Kim Glas-Castro, Ruden McClosky N/A Suburban Mixed-use Zoning District Preliminary review of request to amend the Land Development Regulations, Chapter 2 (Zoning) and Chapter 10 (Telecommunication Towers and Antennas) to allow cell towers within the Suburban Mixed Use (SMU) zoning district as stealth towers, integrated into the architecture of a mixed-use project. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES- Develo e D tor City Manager's Signature ~j an? ~cto, City Attorney / Finan" / Hwnan Rc<omcc< S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-008 SMU Stealth Towers\Agenda Item Request SMU Stealth Tower 5-1 7-oS,dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~. Ruden ~II McClosky ~""1 ;: I"~ " f1 ' o I r"~ ~Ar. ' '\' Ui MAA 2 I 2005 L.-.----- - ---- ""_ _____.I Pl (!:,'!~:(:,' :'11 D_!:!!;,c~,'~- J 222LAKEVIEW AVENUE SUITE 800 WEST PALM BEACH, FLORIDA 33401-6112 (561) 838-4542 FAX: (561) 514-3442 KIM.GlASCASTRO@RUDEN.COM February 9, 2005 Telecommunication Tower Regulations Modifications Compson Associates of Boynton, . LLC (the "Applicant") is requesting revIsIons to Chapter 10, Telecommunication Towers and Antennas, and to Chapter 2, Zoning, of the City of Boynton Beach Land Development Regulations ("LDR") to allow stealth communication towers within the Suburban Mixed Use ("SMU") zoning district subject to conditional use approval and compliance with performance standards. A nonconforming tower exists on the Renaissance Commons SMU property. The Applicant desires to remove the tower, which is otherwise located in the middle of the new mixed-use community. The telecommunication providers ("Providers") utilizing the existing tower at Renaissance Commons have evaluated other sites to relocate their facilities, but the Providers are finding two problems: I) lack of available property zoned with a district that allows communication towers and 2) lack of available property located in proximity to the existing, non-conforming tower so that no voids in system coverage are created. The nearest zoning district is Planned Industrial District (PID), in which towers are permissible, but a communication tower already exists on this property, and there is not sufficient room for co- location of the Providers' facilities on the existing tower. Property zoned Industrial (MI) is too far away from the current location to provide service coverage. Relocation of the existing Providers' facilities within Renaissance Commons is a viable solution to maintain and improve existing coverage. The Applicant's proposed LDR modifications require stealth technology to be employed within the SMU district, and require conditional use approval to ensure compatibility with the SMU uses and design standards. The requested revisions to Chapter 10 and Chapter 2 would facilitate the removal of an old-style, metal-framed communication tower from the middle of the Renaissance Commons project. A new stealth tower would be concealed as part of the clock tower feature in Phase VI of the development. This stealth tower will be requested in a subsequent conditional use/site plan petition. \ WPB:197496:1 CARACAS' FT.lAUDERDALE · MIAMI' NAPLES · ORlANDO' PORT ST. LUCIE' SARASOTA · ST. PETERSBURG' TALlAHASSEE' TAMPA' WEST PALM BEACH RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSEll, P.A. ALP Search: I 1- Lin ks: Document Previous Chapter Next Chapter Contents Synchronize Contents Framed Version Page 1 of 13 Boynton Beach. FL Code of Ordinances PART III LAND DEVELOPMENT REGULATIONS. CHAPTER 10 TELECOMMUNICATION TOWERS AND ANTENNAS CHAPTER 10 TELECOMMUNICATION TOWERS AND ANTENNAS Sec. 1. Intent Sec. 2. Definitions Sec. 3. Telecommunications Towers Sec. 4. Tower Replacement Sec. 5. Antennas Not Located on Telecommunications Towers Sec. 6. Shared Use of Communication Towers Sec. 7. Applications Sec. 1. Intent. The regulations and requirements ofthis chapter are intended to: A. Promote the health, safety and general welfare of the citizens by regulating the siting of telecommunications towers; B. Provide for the appropriate location and development of telecommunication towers and antennas within the city; C. Minimize adverse visual effects of telecommunication towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques; D. Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures; E. Protect residential areas and land uses from potential adverse impacts of telecommunication towers and antennas by maximizing use of any new or existing telecommunication towers through shared use, for example, co-location, to reduce the number of towers needed. (Ord. No. 97-10, ~ 2,4-15-97) lttp:/ /www.am1ega1.comlnxt/gateway.d11/F10ridaIBoynton%20Beach/main00113.htm/chapterOOI73.htm ?f=t... 5/5/2005 ALP Page 2 of 13 Sec. 2. Definitions. The following words, terms and phrases, when used in this subdivision, shall have the meanings ascribed to them, except where the context clearly indicates a different meanIng: Accessory use - A use incidental to, subordinate to, and subservient to the main use of the property. As defined in this section, an accessory use is a secondary use. Antenna - A transmitting and/or receiving device and/or relays used for personal wireless services that radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave dish antennas, and omni-directional antennas, such as whips, excluding radar antennas, amateur radio antennas and satellite earth stations. Extraordinary conditions - Subsequent to a hurricane, flood or other natural disaster. Guyed tower - A telecommunication tower that is supported, in whole or in part, by guy wires and ground anchors. Microwave dish antenna - A dish-like antenna used to link personal wireless service sites together by wireless transmission of voice or data. Monopole tower - A telecommunication tower consisting of a single pole or spire se1f- supported by a permanent foundation, constructed without guy wires and ground anchors. Panel antenna - an array of antennas designed to concentrate a radio signal in a particular area. Roojline - The overall ridge line of the structure which does not include cupolas, elevator towers, clock towers or other features that are permitted to exceed the maximum height of the building. Self-support/lattice tower - A telecommunication tower that is constructed without guy wires and ground anchors. Stealth facility - Any telecommunications facility which is designed to blend into the surrounding environment and which is incorporated into and is compatible with uses otherwise permissible on site. Examples of stealth facilities include, but are not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and telecommunication and/or personal wireless services towers designed to look like light poles, power poles, clock towers, or trees. Telecommunication tower - A guyed, monopole or self-supportJ1attice tower, constructed as a free-standing structure, containing one or more antennas used in the provision of personal wireless services, excluding radar towers, amateur radio support structures licensed by the FCC, private home use of satellite dishes and television .tip:/ /www.amlegal.com/nxt/gateway.dll/Florida/Boynton%20Beach/main00113.htm/chapterOOI73.htm ?f=t... 5/5/2005 ALP Page 3 of 13 antennas and satellite earth stations installed in accordance with applicable codes. Whip antenna - A cylindrical antenna that transmits signals in 360 degrees. (Ord. No. 97-10, ~ 2, 4-15-97) Sec. 3. Telecommunications Towers. A. Freestanding telecommunication towers may be permitted as a conditional use in accordance with the Land Development Regulations in the following zoning districts: * 1. (REe) Recreation district greater than five (5) acres. On property owned by the city, the city shall authorize the application and use of city property after the applicant executes a lease agreement acceptable to the city. The city shall have no obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth herein. * 2. (PU) Public Usage. On property owned by the city, the city shall authorize the application and use of city property after the applicant executes a lease agreement acceptable to the city. The city shall have no obligation whatsoever to execute such lease even ifthe applicant can meet the criteria set forth herein. * 3. Industrial (M -1) zoning district provided the towers are an accessory use and are reviewed and approved in accordance with the Land Development Regulations of the city. A monopole type stealth facility must be utilized on vacant property in M- 1 zoning districts. * 4. Property owned by the city within a Planned Industrial Development (Pill) district which is designated for recreation use. The city shall authorize the application and use of city property after the applicant executes a lease agreement acceptable to the city. The city shall have no obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth herein. Tower locations shall be consistent with approved, proposed or anticipated plans for park development. Towers shall be designed for collocation and consistent with rules and regulations internal to a P.I.D. B. Stealth towers shall be architecturally compatible with existing buildings/structures on site; consistent with the character of existing uses on site; contain communications equipment or devices that it is not readily identifiable; and shall not exceed 150 feet in height. C. Minimum standards. Every telecommunications tower must meet the following minimum standards: 1. Prior to the issuance of a building permit by the building division, department of development, a site development plan shall be presented for approval to the planning and zoning department and the department of development. Each application for a proposed telecommunication tower shall include all requirements for site development plan approval as required by the Land Development Regulations. lttp:/ /www.amlegal.comlnxt/gateway.dll/Florida/Boynton%20Beach/mainOOI13.htm/chapter00173.htm ?f=t... 5/5/2005 ALP Page 4 of 13 Each application shall contain a rendering or photograph of the tower, including but not limited to, colors and screening devices. 2. A statement shall be submitted, prepared by a professional registered engineer licensed to practice in the state, which through rational engineering analysis certifies the tower's compliance with applicable standards as set forth in the Standard Building Code, latest edition, and the Code of Ordinances; and describes the tower's capacity, including an example of the number and type of antennas it can accommodate. No tower shall be permitted to exceed its loading capacity. For all towers attached to existing structures, the statement shall include certification that the structure can support the load superimposed from the tower. All towers shall have the capacity to permit multiple users; at a minimum, monopole towers shall be able to accommodate two (2) users and at a minimum, self-supportJlattice or guyed towers shall be able to accommodate at least three (3) users. 3. Height/setbacks and related location requirements. a. The height of a telecommunications tower shall not exceed one hundred and fifty (150) feet. Tower height shall be measured from the crown of the road of the nearest public street. Lighting and Lightning rods up to eight (8) feet in length shall not be considered in measuring the height of the tower. b. Telecommunication towers shall conform with the setbacks established for the underlying zoning district. * c. Monopole, lattice or guyed telecommunication towers shall not be permitted within two hundred and fifty (250) feet of any residential district or residential portion of a PUD. * d. Monopole, lattice or guyed telecommunication towers shall not be located within seven hundred and fifty (750) feet of any existing monopole, lattice or guyed telecommunication tower. e. All buildings and other structures to be located on the same property as a telecommunication tower shall conform with the setbacks established for the underlying zoning district. f. Waiver or reduction of separation requirements. (1) Waivers or reductions of separation distances between towers may be approved by the city commission subject to the criteria contained herein. (2) Requests for waivers or reductions of separation distances between towers shall be based upon the inability to collocate on existing towers or structures, the need to have more than one (1) tower, or the efficient use of available land within permitted zoning districts. The decision shall be based upon a finding of compatibility and competent and substantial evidence that the waiver request meets one or more of the following criteria: lttp:/ /www.am1ega1.comlnxt/gateway.dI1/F1orida/Boynton%20Beach/main00113.htmlchapterOOI73.htm ?f=t... 5/5/2005 ALP Page 8 of 13 integrity on the following schedule: (1) Monopole towers - once every five (5) years; (2) Self-supportllattice towers - once every two (2) years; and (3) Guyed towers - once every two (2) years. b. Inspections shall be conducted by a registered engineer. The results of such inspections shall be provided to the building division, department of development. Based upon the results of an inspection, the Building Official may require repair or removal of a telecommunication tower. c. Should the building division, department development, have reason to believe a telecommunications tower site is not in compliance with applicable building and electrical codes, the city may conduct periodic inspections of the site to ensure structural and electrical integrity. The owner of the telecommunications tower may be required by city to have more frequent inspections should there be reason to believe that the structural and electrical integrity of the tower is jeopardized. The city reserves the right to require additional inspections if there is evidence that the tower has a safety problem or is exposed to extraordinary conditions. 19. Telecommunications towers are prohibited when a proposed or existing principal use or uses within two hundred (200) feet of a proposed tower includes the storage, distribution, or sale of volatile, flammable, explosive or hazardous wastes, including but not limited to, LP gas, propane, gasoline, natural gas, and corrosive or dangerous chemicals purposes, unless the city fire marshal determines that the proximity of a telecommunications tower does not pose any danger or risk of explosion or fire or unless used for backup power purposes. 20. Fees and charges. Public land or right-of-way lease agreements shall be established by separate instrument. 21. Additional uses permitted on lot. Communication towers may be located on lots containing another principal use. Separation between communication towers and other uses on the lot may be required to ensure compatibility. Towers may occupy a leased parcel on a lot that meets the minimum lot size requirement of the zoning district in which it is located. For lease parcels not meeting the minimum lot size requirement, the city shall require the execution of a unity of title, unity of control, or other documentation as determined appropriate by the City Attorney. (Ord. No. 97-10, ~ 2, 4-15-97; Am. Ord. No. 98-32, ~ 1,9-3-98; Ord. No. 02-033, ~ 4, 8-20-02) Sec. 4. Tower Replacement. * Notwithstanding the above provisions of this section, towers in existence as of January 1, 1997, may be replaced with a tower of equal or less visual impact after approval by the city manager or her/his designee. However, if the proposed new tower lttp:/ /www.am1ega1.comlnxt/gateway.d11/Florida/Boynton%20Beach/mainOOI13.htmlchapterOOI73.htm ?f=t... 5/5/2005 ALP Page 9 of 13 would not be consistent with the minimum standards under Section 3 of this chapter, replacement must be approved by the city commission. A. Conforming towers. An existing conforming tower may be replaced subject to the criteria set forth herein. If the criteria are not met, the replacement tower shall comply with the siting requirements of this section. 1. The replacement tower shall accommodate a minimum of two providers; 2. The replacement tower shall be a stealth or monopole tower; 3. The tower may be required to be relocated on the site to lessen the impact on adjacent parcels; and 4. The replacement tower shall be subject to administrative review by the Planning and Zoning and Development Departments. B. Nonconforming towers. An existing nonconforming tower may be replaced subject to the criteria below. If the criteria is not met, the replacement shall comply with the siting requirements of this section. 1. The replacement tower shall accommodate a minimum of two providers; 2. The replacement tower shall be a stealth or monopole tower; 3. The tower may be required to be relocated on the site to lessen the impact on adjacent parcels; and 4. The replacement tower shall be subject to administrative review by the Planning and Zoning and Development. 5. The tower shall be reconstructed to its original height or 150 feet, whichever is less. C. Accessory Structures. The size of an accessory structure or structures may be increased, subject to the Code of Ordinances, to accommodate collocation. The expansion shall be subject to administrative approval by the Planning and Zoning Department and the Department of Development. (Ord. No. 97-10, ~ 2, 4-15-97) Sec. 5. Antennas Not Located on Telecommunications Towers. A. Stealth rooftop or building mounted antennas not exceeding twenty (20) feet above the roofline and not exceeding ten (10) feet above the maximum height of the applicable zoning district may be permitted as an accessory use in all zoning districts except R-l-AAA, R-l-AAB, R-l-AA, R-I-A, R-1 and R-2. Antennas may exceed twenty (20) feet above the roofline in the REC and PU zoning districts if municipal purposes warrant additional height. lttp:/ /www.amlega1.com/nxt/gateway.dll/Florida/Boynton%20Beach/mainOOI13.htmlchapterOOI73.htm ?f=t... 5/5/2005